The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge

ORDER

E-FILED

A Report and Recommendation (#20) was filed by Magistrate Judge David G. Bernthal in the above cause on August 19, 2008. On September 8, 2008, Plaintiff Linda Bielecki, filed a "Plaintiff's Response to Motion to Dismiss" (#21) which this court will construe as an Objection to Report and Recommendation. Following this court's careful de novo review of the Magistrate Judge's reasoning and Plaintiff's Objection, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#20). This court agrees that Defendant's Motion to Dismiss for Lack of Prosecution (#16) should be GRANTED.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#20) is accepted by this court.

(2) Defendant's Motion to Dismiss for Lack of Prosecution (#16) is GRANTED and the cause is dismissed without prejudice.

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